Restoration of Standing | Meurrens Legislation

If a customer, employee, or pupil loses their authorized standing in Canada, they could be eligible to use for standing restoration. This course of, generally known as a restoration software, permits people to regain their non permanent resident standing below particular circumstances. In response to part 182 of the Immigration and Refugee Safety Laws (“IRPR”), candidates should meet sure eligibility standards to revive their standing in Canada.:

182. On software made by a customer, employee or pupil inside 90 days after shedding non permanent resident standing on account of failing to adjust to a situation imposed below paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that standing if, following an examination, it’s established that the customer, employee or pupil meets the preliminary necessities for his or her keep, has not did not adjust to some other circumstances imposed and isn’t the topic of a declaration made below subsection 22.1(1) of the Act.

In response to Immigration, Refugees and Citizenship Canada (“IRCC“) Pointers, if a person applies to increase their non permanent resident standing and IRCC refuses the applying after their standing has expired, the Case Processing Centre – Edmonton will notify them that they’ll submit a restoration of standing software.

This distinction is essential as a result of many candidates mistakenly imagine that the 90-day restoration interval begins solely when their work allow, customer report, or research allow expires. Nevertheless, the interval truly begins when their non permanent resident standing expires, which incorporates circumstances the place they had been on implied standing.

Moreover, within the Federal Courtroom choice Shekhtman v. Canada (Citizenship and Immigration), the courtroom established that IRCC should present proof that it truly despatched the choice concerning an applicant’s standing..

The Pointers additionally supplies that restoration can’t be granted at Canadian ports of entry.

Approval Percentages

As proven within the tables under, the approval charge for restoration functions is decrease than the approval charge for non permanent standing extension requests.  This isn’t shocking.

* This knowledge is for the primary three quarters of 2013.

** For the approval proportion I eliminated the withdrawn column as functions might be withdrawn for quite a few causes, and don’t point out the likeliness of approval or refusal.

Time Strains

Candidates should submit restoration functions throughout the legally required 90-day interval. Failure to take action will end in an automated refusal. In reality, if a restoration software is submitted after the 90-day deadline, the courts have dominated that IRCC should refuse the applying (Novak v. Canada, 2004 and  Avi Adroh v. Canada, 2012).

In Haruna v. Canada (Citizenship and Immigration), 2025 FC 417, Madam Justice Heneghan dominated that an error in an IRCC refusal letter concerning the expiration date of an applicant’s standing doesn’t have an effect on the 90-day deadline for submitting a restoration software.

The 90 Day Deadline

Not like many different areas of immigration regulation, the 90-day restoration interval begins on the precise date an applicant’s non permanent resident standing expires—not after they obtain a call from IRCC (Nzegwu v. Canada, 2010).

Listed below are three examples of how the 90 day deadline works in apply.

1. Standing has expired and no software for extension has been submitted – 90 days begins from the day after standing has expired. Instance – an individual’s research allow is legitimate till 12 December 2016.  There is no such thing as a software obtained by that date.  Day 1 of the restoration interval begins on 13 December 2016 and the 90 day interval expires on 13 March 2017.

2. Utility made earlier than expiry of standing; case is refused. 90 days begins from the date after the refusal choice. Instance – A research allow is legitimate till 12 December 2016. The appliance is obtained on 01 December 2016. The refusal choice is made on 26 January 2017.  Day 1 of the restoraiton interval begins 27 January 2017. The 90 day interval expires on 26 April 2017.

3. Utility made after expiry of standing however inside 90 days of lack of standing, however didn’t embrace restoration charges nor request restoration. Utility is refused. 90 days begin from day after standing has expired. Instance – research allow is legitimate till 12 December 2016. Utility obtained 23 December 2016, however not requesting restoraiton nor restoration charges included. Utility refused on 10 January 2017, advise shopper of restoration. Day 1 of restoration interval begins 13 December 2016; 90 day interval expires 13 March 2017.

On April 8, 2020, IRCC clarified on its web site that if an software is rejected as a consequence of incompleteness, there isn’t a extension of the interval of licensed keep (implied standing).  IRCC’s officers have been a bit inconsistent with the applying of this, and it stays to be seen how an officer processing a restoration software will tackle situations the place the officer who rejected an extension software states that an applicant may benefit from implied standing.

Working Throughout Implied Standing

One other fable that exists is that international nationals can work in Canada in the course of the restoration interval.  This isn’t true. Regulation 182 supplies {that a} international nationwide can restore non permanent resident standing if the international nationwide didn’t adjust to a situation imposed below rules 185(a), 185(b)(i) to (iii), or paragraph 185(c) of the Immigration and Refugee Safety Laws. These sections state that:

185. An officer could impose, range or cancel the next particular circumstances on a short lived resident:
(a) the interval licensed for his or her keep;

(b) the work that they’re permitted to have interaction in, or are prohibited from participating in, in Canada, together with
(i) the kind of work,
(ii) the employer,
(iii) the situation of the work,

(c) the research that they’re permitted to have interaction in, or are prohibited from participating in, in Canada, together with
(i) the kind of research or course,
(ii) the academic establishment,
(iii) the situation of the research, and
(iv) the instances and durations of the research;

Working with out authorization is prohibited by regulation 183(1)(b) of the Laws.  As such, candidates can not work in the course of the restoration interval.  Certainly, if both the Canada Border Companies Company or Citizenship and Immigration Canada discovers the unauthorized work then the applicant can be issued an inadmissibility report and/or denied a piece allow.

Processing of Everlasting Residence

In Toor v. Canada (Citizenship and Immigration), 2024 FC 1146, the Applicant had a everlasting residence software in course of when she fell out of standing and submitted a restoration software. IRCC despatched her a letter stating she wanted to supply proof that she had left Canada, as she was within the nation with out standing.  The Applicant responded, stating she was ready for a call on her restoration software. IRCC refused the applying on the premise that she was out of standing. The Courtroom dominated that IRCC didn’t correctly think about the Applicant’s level about her restoration software.

Elimination

Typically talking, it’s uncommon that the Canada Border Companies Company will concern a elimination order in opposition to somebody who has utilized for restoration of standing.  The place they’ve executed so, a fast studying of the jurisprudence signifies that the Federal Courtroom has sided with candidates in figuring out that this was unreasonable.

In Yu v. Canada, 2005 FC 1213, for instance, a person utilized to revive his research allow someday after his standing expired.  In the course of the interval that Citizenship and Immigration Canada was processing his research allow extension software, the Canada Border Companies Company issued a elimination order in opposition to the applicant.  The elimination order was made on the premise that the applicant had stayed in Canada past the interval licensed by his keep.   Justice Simpson, nevertheless, discovered this unreasonable, stating that:

It can’t be stated {that a} non permanent resident who has utilized for restoration of his allow in a well timed method, as he’s entitled to take action below the Laws, has did not adjust to or breached the IRPA.

Nevertheless, the Federal Courtroom has dominated {that a} Minister’s delegate has an obligation to contemplate eligibility to use for restoration and/or {that a} restoration has been submitted when figuring out whether or not to concern an inadmissibility report. (Sui v. Canada, 2006).